Certificate of Occupancy in Nigeria: What It Is and Why It Matters

A Certificate of Occupancy (C of O) is the most widely recognized and legally secure title document for property in Nigeria. Issued by a state governor under the Land Use Act 1978, it grants the holder a statutory right of occupancy for a period of 99 years. Not having one — or not verifying that the one presented is genuine — is the starting point of most serious property disputes in Nigeria.

What the Land Use Act Establishes

Nigeria's Land Use Act vests all land in each state in the governor of that state, held in trust for the people. What individuals and organizations own is not the land itself but the right to occupy and use it, documented by a Certificate of Occupancy. This is a leasehold system, not a freehold one, though in practical terms it functions as de facto ownership for 99 years.

C of O vs. Other Title Documents

• Certificate of Occupancy — issued directly by the state governor. The strongest title for state land.
• Governor's Consent — required when a C of O property is sold. The governor must consent to any transfer of a right of occupancy. Without this, a sale between private parties is not legally completed from the state's perspective. This is one of the most commonly overlooked steps in Nigerian property transactions.
• Right of Occupancy — a customary or statutory right that predates a C of O. Can be regularized into a C of O, but until that happens, carries more risk.
• Deed of Assignment — used primarily for family or customary land transactions. Records a transfer of interest but does not provide the state's backing that a C of O does. Title chains can become complex and contested over time.
• AGIS Certificate of Occupancy — Abuja-specific, issued by the Abuja Geographic Information Systems office under the FCT administration. Equivalent in authority to a state C of O but administered differently.

How to Verify a C of O

Verifying a C of O is not something that should be done informally. The steps are:

• Confirm the document's registration number with the relevant state land bureau or the FCT's AGIS office.
• Conduct a search at the land registry to confirm there are no encumbrances, mortgages, or prior assignments registered against the title.
• Confirm the physical dimensions and boundaries of the property match the survey attached to the C of O.
• Where a C of O has changed hands before, confirm that each transfer was accompanied by a properly executed Governor's Consent.

This process should be handled by an ESVARBON-registered firm. A conveyancing lawyer can handle the legal documentation side, but the physical survey and title integrity check require a qualified estate surveyor.

What Happens Without One

Properties without a C of O can still be bought and sold in Nigeria, and many are. However, properties on bare land, family land, or with informal documentation cannot be used as security for a bank loan, are harder to insure at full value, and are more vulnerable to government acquisition (which carries less compensation for unregistered properties under the Land Use Act).

Frequently Asked Questions